South Africa Case Law

Tetra4 (Pty) Ltd v National Energy Regulator and Another (60924/21)

Tetra4 (Pty) Ltd v National Energy Regulator and Another (60924/21) [2025] ZAGPPHC 425 (2 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

60924/21

Judge

E van der Schyff

The court held that the Gas Act 48 of 2001 does not apply to the production of gas and activities incidental thereto conducted under a Production Right issued in terms of the Mineral and Petroleum Resources Development Act. The definition of 'gas' in the Gas Act is limited to hydrocarbon gases transported by pipeline, and the Act's regulatory scope is confined to midstream and downstream activities, excluding upstream production. The court found that Tetra4's operations, including gathering, processing, and liquefaction within its production area, are upstream activities not regulated by NERS…

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• Statutory Interpretation
• Regulatory Scope
• Licensing Requirements
• Petroleum Production
• Gas Industry Regulation

JP Markets v Financial Sector Conduct Authority (FSCA) (460/2021)

JP Markets v Financial Sector Conduct Authority (FSCA) (460/2021) [2021] ZASCA 148; 2022 (4) SA 94 (SCA) (20 October 2021)

Court

Supreme Court of Appeal

Case number

460/2021

Judges

Petse, Van der Merwe, Mbatha, Hughes, Molefe

The Supreme Court of Appeal held that the Financial Sector Conduct Authority was authorised under section 96 of the Financial Markets Act to apply for the liquidation of JP Markets SA (Pty) Limited, as the requirement that an investigation had been conducted was satisfied by the ongoing investigation. However, the Court found that the evidence did not establish systemic risk or misconduct justifying liquidation. JP Markets was solvent, had applied for an ODP licence, and alternative remedies were available. Liquidation prior to the determination of the licence application would not achieve th…

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• Financial Markets Act
• Otc Derivatives Regulation
• Just And Equitable Winding Up
• Licensing Requirements
• Alternative Remedies
• Public Interest

Royal Internet Cafe v Vukani Gaming Gauteng (Pty) Ltd and Others (A511/2017)

Royal Internet Cafe v Vukani Gaming Gauteng (Pty) Ltd and Others (A511/2017) [2020] ZAGPPHC 434 (20 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A511/2017

Judges

N Davis, A J Bam, N Ranchod

The court found that the applicants had established, on a balance of probabilities, that the appellant was conducting unlawful gambling activities in contravention of the National Gambling Act and Gauteng Gambling Act. The detailed affidavits of the investigators, corroborated by photographs and supporting documents, were not effectively disputed by the appellant, whose denials were generalized and lacked substance. The court applied the Plascon-Evans principle, holding that no genuine factual dispute had been raised and that the evidence justified the granting of a final interdict. The court…

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• Final Interdict
• Illegal Gambling
• Licensing Requirements
• Motion Proceedings
• Unlawful Competition

Deeps Betting Grounds (Pty) Ltd t/a Scorbet v Northern Cape Gambling Board and Another (1698/2019)

Deeps Betting Grounds (Pty) Ltd t/a Scorbet v Northern Cape Gambling Board and Another (1698/2019) [2020] ZANCHC 15 (20 March 2020)

Court

Northern Cape High Court, Kimberley

Case number

1698/2019

Judge

Dauds AJ

The High Court refused leave to appeal, holding that the SCA order could not be implemented because it conflicted with Regulation 7(c) of the Northern Cape Gambling Regulations.

• Judicial Review Of Administrative Action
• Licensing Requirements
• Regulatory Compliance
• Stare Decisis
• Leave-to-appeal
• Gambling-licensing

Restivox (Pty) Ltd t/a Goldrush Gaming Slots Free State v Chairperson of the Free State Gambling, Liquor and Tourism Authority and Others (6461/2017)

Restivox (Pty) Ltd t/a Goldrush Gaming Slots Free State v Chairperson of the Free State Gambling, Liquor and Tourism Authority and Others (6461/2017) [2018] ZAFSHC 202 (12 November 2018)

Court

Free State High Court, Bloemfontein

Case number

6461/2017

Judges

S Naidoo, L Opperman

The High Court reviewed and set aside approvals of shareholding changes in a gambling licence holder because mandatory publication and objection procedures were not followed.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Public Participation
• Change Of Shareholding
• Licensing Requirements
• Administrative-law

Vukani Gaming Gauteng (Pty) Ltd and Others v KKK Properties CC and Others (87975/2015)

Vukani Gaming Gauteng (Pty) Ltd and Others v KKK Properties CC and Others (87975/2015) [2016] ZAGPPHC 482 (21 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

87975/2015

Judge

TS Madima

The High Court granted a final interdict against premises used for unlawful gambling activities, finding unlicensed conduct contrary to national and provincial gambling laws.

• Unlawful Gambling
• Licensing Requirements
• Interdict
• Public Policy
• Route Operator Licence
• Unlawful-gambling

Tristar Investments (Pty) Ltd v The Chemical Industries National Provident Fund (455/12)

Tristar Investments (Pty) Ltd v The Chemical Industries National Provident Fund (455/12) [2013] ZASCA 59 (16 May 2013)

Court

Supreme Court of Appeal

Case number

455/12

Judges

Nugent, Lewis, Tshiqi, Petse, Swain

The Supreme Court of Appeal held that Tristar’s investment consultancy services were not “intermediary services” under FAIS and the agreement was not unlawful.

• Financial Advisory And Intermediary Services Act
• Licensing Requirements
• Contract Validity
• Unlawful Agreement
• Financial-advisory-and-intermediary-services-act
• Financial-services-licensing

S v Mnisi (175/2012)

S v Mnisi (175/2012) [2013] ZAFSHC 3 (31 January 2013)

Court

Free State High Court, Bloemfontein

Case number

175/2012

Judges

Jordaan, Mhlambi

The court found that the accused's unchallenged assertion of holding a learner's licence, coupled with the absence of evidence disproving this claim, meant that the conviction under section 12(a) could not stand. The prosecution failed to prove beyond reasonable doubt that the accused was not authorised to drive by any licence. The conviction and sentence on count 2 were therefore set aside. The conviction and sentence on count 1, driving under the influence, were confirmed as the evidence supported the finding.

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• Driving Under Influence
• Licensing Requirements
• National Road Traffic Act
• Conviction Review

Chemical Industries National Provident Fund v Tristar Investments (Pty) Ltd (2008/41311)

Chemical Industries National Provident Fund v Tristar Investments (Pty) Ltd (2008/41311) [2012] ZAGPJHC 62 (20 April 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2008/41311

Judge

Lamont

The court held that an investment consulting agreement required unlicensed financial services conduct and was void under section 7(1) of FAIS.

• Financial Advisory And Intermediary Services Act
• Licensing Requirements
• Contract Voidness
• Statutory Interpretation
• Financial-advisory-and-intermediary-services-act
• Licensing-requirements

Tecmed Africa (Pty) Ltd v Minister of Health and Another; Tecmed Africa (Pty) Ltd v Director General National Health and Others (25382/2008, 30841/2008)

Tecmed Africa (Pty) Ltd v Minister of Health and Another; Tecmed Africa (Pty) Ltd v Director General National Health and Others (25382/2008, 30841/2008) [2009] ZAGPPHC 9 (19 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

25382/2008, 30841/2008

Judge

R D Claassen

The High Court set aside a hazardous substances embargo and licence refusal, held internal remedies need not be exhausted, and awarded costs including two counsel.

• Hazardous Substances Act
• Review Of Administrative Action
• Internal Remedies Exhaustion
• Licensing Requirements
• Embargo Procedure
• Administrative-law